Docket No: 4968-21 

Dear  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 17 September 2021.  The names and votes of the panel members will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of the Board.  Documentary material considered by the Board consisted of your application together with all material submitted in support thereof, relevant portions of your naval record, applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Marine Corps and began a period of active duty on 3 August 1982.  On 25 March 1983, you received nonjudicial punishment (NJP) for a period of unauthorized absence (UA) which began on 7 March 1983 and lasted eight days.  On 31 May 1983, you began a second period of UA which lasted 17 days.  On 17 June 1983, you were counseled for pattern of misconduct as a result of repeated periods of UA.  You were advised that failure to take corrective action could result in administrative separation.  On 19 July 1983, you were convicted by summary court-martial (SCM) for of the 17 day UA.  You were sentenced to confinement and forfeiture of pay.  On 18 August 1983, your SCM proceedings were determined to be correct in law and fact.  On 27 January 1984, you began a third period of UA which lasted nine days.  On 10 February 1984, you began a fourth period of UA which lasted one day.  On 16 February 1984, you began a fifth period of UA which lasted 116 days.  On 2 May 1984, you were convicted by special court-martial (SPCM) for conspiracy to commit an offense, disobeying a lawful order, UA, disobeying a lawful order from a superior noncommissioned officer, stealing personal property, possession of drug paraphernalia, and violation of a general regulation.  You were sentenced to a bad conduct discharge (BCD), confinement, and forfeiture of pay.  On 26 July 1984, the convening authority approved your SPCM sentence.  On 21 October 1985, the Naval Clemency and Parole Board denied your request for clemency and restoration.  On 30 August 1986, you were discharged with a BCD characterization of service, as a result of a court-martial conviction.     
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your contention that you are currently suffering from multiple health problems, and that you began hanging out with two other Marines who set you up for failure.  The Board noted you did not submit any documentation or advocacy letters to be considered for clemency.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your NJP, SCM, and SPCM outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 
 
You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.   
 
                                                           Sincerely, 
							   9/30/2021
							   Executive Director